Legal Opinion

Scranton City v. Watson

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 17Published

Appeal, No. 17, March T., 1915, by defendants, from order of C. P. Lackawanna Co., Jan. T., 1911, No. 790, making absolute rule for judgment for want of a sufficient affidavit of defense in case of City of Scranton v. W. W. Watson and Annie M. Watson, real owner. Scire facias sur municipal lien for paving. Before Newcomb, J. Rule for judgment for want of a sufficient affidavit of defense.

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Appeal, No. 17, March T., 1915, by defendants, from order of C. P. Lackawanna Co., Jan. T., 1911, No. 790, making absolute rule for judgment for want of a sufficient affidavit of defense in case of City of Scranton v. W. W. Watson and Annie M. Watson, real owner. Scire facias sur municipal lien for paving. Before Newcomb, J. Rule for judgment for want of a sufficient affidavit of defense. Newcomb, J., filed the following opinion: While it doesn’t distinctly appear in the record, yet the fact was at least tacitly assumed at bar that defendants are husband and wife and as such have been living…

1Opinion of the Court

Opinion by

Orlady, J.,

On January 9,1914, the City of Scranton caused to be issued a scire facias sur municipal lien on “its claim and lien, against W. W. Watson, the owner or reputed owner” of property fully described in -the lien, for the sum of $803.04, “for the paving with sheet asphalt on concrete base, grading and curbing of Vine street,” etc., *90authorized and directed to be made by an ordinance of the city.

In the caption of the scire facias the defendants are given as, W. W. Watson, and in brackets [Annie M. Watson, real owner], owner or reputed owner. Service was accepted by W. W.…

2Cases cited9 opinions

  1. Columbia National Bank v. DunnSupreme Court of Pennsylvania · 1904
  2. Allegheny City v. McCaffreySupreme Court of Pennsylvania · 1890
  3. Carrick v. CanevinSupreme Court of Pennsylvania · 1914
  4. Hutton v. McLaughlinSuperior Court of Pennsylvania · 1896
  5. Scott Manufacturing Co. v. MorganSupreme Court of Pennsylvania · 1907

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